Immunities and Criminal Proceedings

When delivering its final judgment in the Immunities and Criminal Proceedings case, the ICJ was faced with a complex situation. The case involved the launch of criminal proceedings against a foreign high-ranking official along with the resulting measures of attachment imposed on embassy premises. While the most controversial aspect probably lay in the ability to determine those persons vested with immunity ratione personae, the dispute also raised issues of diplomatic law, which actually became the predominant questions at stake in the case. The aim of the article is to provide an overall discussion of the dispute, focusing on some specific aspects of the Court’s reasoning. Specifically, it will consider how the interplay among the identification of the facts of the case, the role assigned to customary law and the approach taken by the Court to treaty interpretation can shape the evolution of and outcome to a dispute.